On August 19, the United States Citizenship and Immigration Services (USCIS) began accepting applications for the first step of the parole in place program as part of the Keeping Families Together program.
President Joe Biden and First Lady Jill Biden announced the Keeping Families Together program on June 18, 2024, to create a new path for some undocumented spouses of U.S. citizens to adjust their status to legal permanent residency without having to leave the country. This new rule applies to individuals who have been continuously present in the United States since June 17, 2014, and were married before June 17, 2024. USCIS started accepting applications for the first step of the process on August 19, which involves filling out Form I-131F for temporary stay permission.
However, shortly after the program’s launch, several Republican-led states filed a lawsuit. On August 26, a federal judge in Texas temporarily suspended the temporary stay permission, which allows immigrants who entered without inspection and are currently in the country to stay.
President Biden responded to the court’s decision, stating that it was incorrect and that families should not be unnecessarily separated. He expressed his administration’s commitment to fighting for these families. The judge’s order has temporarily halted the issuance of permits to pending applicants while the legal dispute unfolds. It is currently unclear when or how the case will be resolved. In the meantime, USCIS will continue accepting applications and scheduling biometric appointments, as stated on the agency’s website.
In the past, undocumented spouses of U.S. citizens were required to return to their home countries and wait to be processed abroad in almost all cases. With the temporary stay permission, the Biden administration created a new pathway for undocumented spouses to remain in the U.S. without leaving their families behind, avoiding separations that could last for years or even decades.
María Huel, a legal assistant at the New York Legal Assistance Group, clarified that the temporary stay permission does not offer a new form of permanent immigration relief or status per se. She explained that entering without inspection is a barrier for those seeking permanent residency, so the temporary stay permission allows them to meet the requirement of being “inspected and admitted or parole to adjust their status.”
Individuals granted temporary stay permission typically receive it for a maximum of three years, during which they can also apply for a work permit and navigate the challenging process of obtaining a Green Card. USCIS notes that “The grant of parole in place does not in and of itself demonstrate eligibility for adjustment of status to that of legal permanent resident.”
Who is eligible?
Eligible individuals include undocumented spouses of U.S. citizens who are present in the country without admission or parole; have been continuously present for at least 10 years before June 17, 2024; have a legally valid marriage with a U.S. citizen before June 17, 2024; and do not have disqualifying criminal backgrounds.
Rex Chen, director of immigration at Legal Services NYC, emphasized the strict criteria for eligibility, stating that individuals convicted of any felony should not bother applying. He highlighted that USCIS will reject applicants with criminal records.
In cases where the undocumented person has a child before marriage and later marries a U.S. citizen, the child—the citizen’s stepchild—may also qualify for the program. The stepchild must be under 21 years old, unmarried as of June 17, 2024, continuously present in the country since that date, and meet the same eligibility requirements as being present in the U.S. without admission or parole and having no disqualifying criminal backgrounds.
Widows/widowers who have not remarried may also be eligible, subject to additional eligibility requirements as outlined on USCIS’s website.
How to apply?
Applications can only be submitted electronically using Form I-131F (also known as Application for Temporary Stay Permission in the U.S. for Certain Non-Citizen Spouses and Stepchildren of U.S. Citizens). Applicants must create an account on USCIS, and each petitioner must submit a separate I-131F form completed by the non-citizen spouse or stepchild, not the U.S. citizen. The application fee is $580, and there are no fee waivers or expedited processing options available.
Given that both the process and form are new, USCIS has published a guide for completing the I-131F form.
What documentation is required?
Various categories of documents are needed for the application, including:
Proof of identity: Copy of an official photo identification document with name and date of birth, such as a valid state-issued driver’s license, passport identity page, national identity document from the home country, official identification document with photo, or school ID card with photo. For stepchildren, the birth certificate with the non-citizen parent’s name is required.
Citizenship of the spouse/stepparent: Documentation proving the U.S. citizenship of the spouse, such as a birth certificate, naturalization certificate, citizenship certificate, consular report of birth abroad, or U.S. passport.
Marriage: Proof of a marriage certificate and documentation of the termination of any previous marriages, if applicable. In cases of spousal death, the death certificate of the U.S. spouse is required.
Continuous presence: Documents in this category should include the undocumented spouse’s name and cover a period of at least 10 years. These documents can include lease agreements, rental receipts, utility bills (gas, electricity, phone, etc.), tax records, school records like report cards or transcripts, medical records, official religious documents, certificates from religious institutions, unions, or other organizations, money order receipts, or dated bank transaction records, among others.
“This is where I believe a bit of common sense and creativity make more sense,” explained Luis Mancheno, director of immigration policy at Legal Services NYC in Manhattan. “There is no such thing as too much evidence.” Attorneys recommended gathering various documents as evidence of continuous presence in the country, with the more documents, the better.
Narrative statement: Applicants must attach a narrative statement (at least 750 characters) describing why they deserve a “favorable exercise of discretion.” Positive factors to consider include community ties, the applicant’s vulnerability due to age or youth, time spent in the U.S., responsibilities such as caring for a child, elderly parent, or U.S. citizen family member, being a victim or witness of a crime, civil rights violation, or labor violation investigated by a labor agency, and the impact on other family members, including U.S. citizens and legal permanent residents, among others.
“Never submit false evidence,” advised Chen. “Do not make things up. Only state what is true, but if it exists, let’s state it truthfully.”
Are there any additional steps or requirements after submitting the application?
Applicants must visit a Application Assistance Center to have their biometric data taken, including fingerprints, photographs, and a signature, as per USCIS requirements. The USCIS may issue a Request for Information (RFI) or a Request for Evidence (RFE) if more information or evidence is needed. The agency may also require the applicant to appear for an interview, although USCIS did not specify under what circumstances this would occur.
“There really is no guidance on when USCIS may decide to conduct an interview,” noted Martin. “It’s too soon to tell, and they just launched it, but we can look at other similar programs.” Chen added, “There’s a good chance that if they follow the pattern of past programs, they won’t make a decision until they’re fully convinced and at that point, they won’t need the interview.”
In 2019, City Limits launched a series of articles called “What You Need to Know About,” providing practical, straightforward information of interest to the Latino and immigrant community in New York. If you have suggestions for future topics to cover, please send them to Daniel@citylimits.org.
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